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Title 5, Government Organization and EmployeesRelease 119-102

§2109 Air Traffic Controller; Secretary

Title 5 › PART III — EMPLOYEES › Subpart A — General Provisions › CHAPTER 21 — DEFINITIONS › § 2109

Last updated Aug 21, 2026|Official source

Summary

Defines who counts as an air traffic controller and which Secretary applies to them. An air traffic controller is a civilian worker in the Department of Transportation or the Department of Defense who works in an air traffic control or flight service facility and either separates and directs aircraft, gives preflight, inflight, or airport advice to pilots, or is the immediate supervisor of someone who does those jobs. "Secretary" means the Secretary of Transportation for controllers in the Transportation Department and the Secretary of Defense for controllers in the Defense Department.

Full Legal Text

Title 5, §2109

Government Organization and Employees, Source: USLM XML via OLRC

For the purpose of this title—
(1)“air traffic controller” or “controller” means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility—
(A)is actively engaged—
(i)in the separation and control of air traffic; or
(ii)in providing preflight, inflight, or airport advisory service to aircraft operators; or
(B)is the immediate supervisor of any employee described in subparagraph (A); and
(2)“Secretary”, when used in connection with “air traffic controller” or “controller”, means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Par. (1). Pub. L. 99–335 amended par. (1) generally including within term “air traffic controller” or “controller” references to a flight service station facility and to employment providing preflight, inflight, or airport advisory service to aircraft operators and striking out provision that

Regulations

prescribed by the Secretary be used in determining who is an air traffic controller. 1980—Pub. L. 96–347 substituted “controller; Secretary” for “controller” in section catchline, and in text included employees of the Department of Defense within the meaning of air traffic controller or controller and defined “Secretary” to mean Secretary of Transportation with respect to controllers in the Department of Transportation and Secretary of Defense with respect to controllers in the Department of Defense.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an

Effective Date

note under section 8401 of this title.

Effective Date

of 1980 Amendment Pub. L. 96–347, § 3, Sept. 12, 1980, 94 Stat. 1151, provided that: “This Act [amending this section and section 3307, 3381 to 3385, and 8335 of this title and enacting provisions set out as a note under section 8335 of this title] shall take effect on the later of— “(1) October 1, 1980, or “(2) the ninetieth day after the date of the enactment of this Act [Sept. 12, 1980].”

Effective Date

Section effective on 90th day after May 16, 1972, see, section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 2109

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102